Should home sellers and landlords provide flood disclosures?

An inch of water can cause over $25,000 in damages for a 2,500-square-foot home. However, unlike 31 other states, Florida lacks legislation mandating flood disclosures for potential buyers and renters.

The Environmental Defense Fund (EDF) is now seeking developer feedback on two proposed bipartisan bills requiring home sellers and landlords to disclose a property’s flood-related issues. The national nonprofit’s Florida chapter was one of three presenters Tuesday at the St. Petersburg Downtown Partnership’s monthly Developer’s Council Meeting, hosted by Thrive DTSP.

According to provided statistics, over a third of state properties are at risk of severe flooding in the next 30 years. Dawn Shirreffs, EDF’s Florida director and a Partnership board member, said stakeholders have an opportunity to help shape a statewide disclosure program.

“We can either move forward and be a part of crafting a solution, or we can wait for some imperfect measure to descend upon us,” Shirreffs said. “So, we have been working very closely with the Florida Realtors Association and the American Flood Coalition to come up with some solutions.”

The goal is to help buyers understand the associated risks without creating an overly burdensome process. Shirreffs gives the two bills a “50-50 shot” at passing through the legislature in some form.

Those personal odds increase to 95% in the 2025 legislative session. Shirreffs said that underscores the need to discuss the legislation’s potential language.

She asked if the mandate should mirror radon gas and lead paint disclosures. “How are we giving people the tools and information – especially when they are coming from out of state and aren’t familiar with which areas flood and which areas don’t?” Shirreffs added.

She believes there are potential opportunities for developers to increase project competitiveness by incorporating a flood-adaptive model. The EDF also hopes to identify redevelopment stressors to “get the policy right.”

Eve Cook, a Coastal Resilience Fellow with the EDF, highlighted how the two bills vary. She operates from the organization’s St. Petersburg office at Thrive DTSP.

Senate Bill 484, introduced by Sen. Jennifer Bradley, R-Lake City, features a list of items home sellers should disclose. Those include a flood damage history, whether the owner maintained flood insurance and if they received Federal Emergency Management Agency (FEMA) assistance.

“With the goal of making sure that residents really have more information about the property they’re going to potentially buy,” Cook said.

Dawn Shirreffs (left) the Environment Defense Fund’s Florida director, and Eve Cook, a Coastal Resilience High Meadows fellow, led a presentation on the proposed legislation Tuesday at Thrive DTSP. Photo by Mark Parker.

A companion bill filed by Rep. Christing Hunschofsky, D-Coconut Creek, offers potential disclosure form language. If approved, the document would start by stating that homeowner’s insurance policies do not cover flood damages in “conspicuous type,” a common misconception.

Cook said House Bill 1049 mirrors successful bills in other states, including Texas, Mississippi and Louisiana. She believes the mandated questions included in the legislation mitigate ambiguity.

Cook said the EDF discussed “how we can avoid having this gray area” with the Realtors Association. “How can we make this clear and concise and, honestly, not make it a burden for realtors, which is a really big goal.”

Pinellas County Government has implemented a voluntary flood disclosure program. The collaborative effort between local officials and real estate professionals includes area municipalities.

The county provides flood information and disclosure brochures, a related mobile application and training sessions. However, the program’s website does not offer participation statistics.

Shirreffs told the Catalyst that state legislation currently does not preempt local governments from making voluntary disclosures mandatory. “But give it five minutes,” she added.

Tammi Simms, a commercial realtor, welcomed the additional disclosures. She expressed the need to increase buyer comfortability amid increased flooding events.

Simms questioned if the proposed legislation would help protect commercial and residential renters. “There is also a flood disclosure, sort of tenant bill that I don’t think has as much legs,” Shirreffs replied.

HB 1049 does not mention FEMA flood maps. Cook said that is a point of concern for the Realtor’s Association.

However, she said the maps are vastly outdated. Shirreffs called the Congressional revision process “inherently political.”

The EDF is now looking for local solutions. Shirreffs said the organization anxiously awaits St. Petersburg’s Florida Flood Hub to release its more granular – and less partisan – maps.

“It’s a challenge right now,” Shirreffs added. “I would say our position is the FEMA maps are the best option we have, but we are open to alternatives.”

Jason Mathis, CEO of the Downtown Partnership, said he would arrange a luncheon with additional stakeholders to brainstorm ideas for a flood disclosure policy.